Clare County judge to decide on murder case motions

An attorney representing a Mecosta County woman accused of murdering a Harrison businessman has a week to file motions, including an argument that his client should not face trial.

After Todd Flood files his remaining paperwork, Clare County Prosecutor Michelle Ambrozaitis has until Oct. 7 to respond to those motions before 80th District Judge Joshua Farrell determines whether Oanh Kieu Bass should stand trial.

Flood, a partner in the Royal Oak law firm Flood, Lanctot, Connor and Stablein, argued in Farrell’s Harrison courtroom during Bass’ preliminary hearing that his client’s confession to the murder of Floyd Dennis should not be admissible.

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Flood also said during a continuing preliminary hearing testimony in May and July that Bass’ arrest following the murder of Dennis, a longtime Harrison Schools employee and treasurer of the board of education, was not legal.

During testimony in the hearings, Flood argued that Clare County sheriff’s officers entered a home without the proper exception to the search warrant requirement, thus everything found after Bass’ January arrest should be suppressed.

Ambrozaitis and Angela Povalaitis, a Michigan assistant attorney general assisting in the case, are arguing that the case be bound over to circuit court for Bass to stand trial on an open count of murder.

While it may be uncommon for a preliminary hearing to determine if there is sufficient evidence for a defendant to stand trial to take months to resolve, it isn’t unheard of.

Karen L. Willing, administrator of the 80th District Court in Clare County, said proper procedures are being followed and that at times, evidentiary matters sometimes take time for the prosecutor and defense to address.

“Once the parties do, the court is then able to rule,” she said. “It’s not until that ruling that the preliminary examination can be concluded and then it will be ruled upon by the court.”

While the preliminary hearing is not concluded, testimony in the case has ended.

Farrell ordered additional information be provided to Flood, at Flood’s request, to be turned over before any additional legal arguments were made, Ambrozaitis said.

Flood now has all of the information he requested, Ambrozaitis said.

After the prosecution responds to defense motions and puts forward the argument that Bass should stand trial, the judge will either issue a written or oral opinion regarding the legal issues and bindover.

Bass is accused of killing Dennis at a home on Huckleberry Drive in Redding Township Jan. 18.

She has been jailed in lieu of $2 million bond since her arrest Jan. 19.

Testimony during the preliminary hearing came from several police officers who were involved in the investigation, who described the scene where Dennis was found and what led them to Bass, who is alleged to have gambled frequently with him at the Soaring Eagle Casino.